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What Will Be The Impact On Trade Mark Law Now We Have Decided To Leave The EU?

UK businesses need to be aware that a number of changes will happen in relation to intellectual property (IP), as our current laws are largely driven by the EU.

Many businesses with new EU trade marks will need to make separate applications because their initial EU trade mark will no longer cover the UK. Additionally, existing EU trade mark registrations may not remain valid - although this is still an area of uncertainty.

We’re expecting that during withdrawal negotiations, transitional provisions will be agreed and implemented for existing registrations. This would mean that they remain effective under ‘grandfather rights’ (the old rule continuing to apply) or would be transferred into national rights.

The owners of rights are likely to have to pay additional costs to transfer their rights and to maintain separate registrations going forward. Unfortunately UK trade mark lawyers won’t be able to act on your behalf before the European Union intellectual Property Office (EUIPO) which could result in increased fees.

National intellectual property rights such as trade marks, patents and registered designs will not need to change because the UK’s Intellectual Property Office (UKIPO) will not be affected.